IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130007151
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests:
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal
* issuance of the Vietnam Campaign Medal with Device (1960)
2. The applicant states he was awarded the Bronze Star Medal during his service in Vietnam but it is not shown on his DD Form 214. He never received the Vietnam Campaign Medal with Device (1960).
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having had prior active service, the applicant enlisted in the Regular Army on 20 June 1964. He served in Vietnam from 30 June 1967 to 12 April 1968 while assigned to 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.
3. He was honorably discharged from active duty on 19 June 1970 by reason of expiration of his term or service.
4. The DD Form 214 he was issued for this period of service does not show the Bronze Star Medal; it does show the Vietnam Campaign Medal with Device (1960). His record is void of orders awarding him the Bronze Star Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
2. With respect to the issuance of the Vietnam Campaign Medal with Device (1960), the ABCMR corrects records; it does not issue awards. The applicant is advised to direct his request for the issuance or replacement of military service medals, decorations, and awards to the National Personnel Records Center (NPRC). The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence, to include the DD Form 214, may be addressed to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO 63138.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X ______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130007151
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ABCMR Record of Proceedings (cont) AR20130007151
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